Stony Point family backs new health-care proxy law

The McElroy family of Stony Point wants Gov. Cuomo to enact new law to protect health care decision. The bill has been approved by the state Assembly and Senate and is awaiting Cuomo's signature.

Sueann McElroy of Stony Point speaks before people who came out to show their support on a new law that would allow a court to remove the right of health care proxy to make medical decisions for a patient if the proxy is the subject of an order of protection or has been arrested or criminally charged with a criminal act against the patient. Her son, Glenn McElroy, 27, was left brain dead after his wife ran over him.(Photo: Akiko Matsuda/The Journal News)

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The McElroy family of Stony Point wants Gov. Cuomo to enact new law to protect health care decision.

The bill has been approved by the state Assembly and Senate and is awaiting Cuomo's signature.

The law would revoke medical decision rights from a spouse who harmed the patient.

STONY POINT – When Sueann and Edward McElroy's son, Glenn, was declared brain dead four years ago, they had to fight for the right to remove him from life support, donate his organs and bury him.

His family has been working since then to pass a piece of legislation that would prevent another family from going through a similar ordeal.

The McElroys were unable to make medical decisions for their 27-year-old son because existing law gave his wife, Kelly McElroy, the ultimate right to make decisions on behalf of her husband even though she caused his brain injuries by running over him with her car.

After multiple attempts, the bill has been recently approved by the state Assembly and Senate and is awaiting Gov. Andrew Cuomo's signature.

State Assemblyman James Skoufis, a staunch supporter of the bill since he took office in January 2013, was at Stony Point Town Hall on Wednesday, seeking community support in urging Cuomo to sign the bill.

Skoufis said although he didn't know Glenn McElroy, all he heard about him in the community indicated that he was a caring person, an "all-American son of Stony Point."

"To think of the tragedy that the McElroy family had to go through, not only losing their son and their family member but to then go through the nightmare of having to battle for his health care decisions in a hospital and after he passed," Skoufis said. "The law is archaic ... this law in particular hurts people on a deeply, deeply emotional level when they are in this kind of situation."

Robin Brooks, a member of the McElroy family who has been spearheading the effort to change the law, said the family wanted the law so that no others would have to go though what the McElroys had endured.

"Gov. Cuomo, Glenn's family, friends and the community are begging you to eliminate these atrocities by showing your support and signing this bill into law," Brooks said in front of about 50 people who gathered in front of Stony Point Town Hall.

Cuomo's office did not respond to a request for comment late Wednesday afternoon.

Once the bill is signed into law, it would allow a court to revoke the right of a health care proxy to make decisions for a patient if the proxy is the subject of an order of protection or has been arrested or criminally charged with an act against the patient.

Glenn McElroy was left brain dead in January 2010 when he was hit by a car driven by Kelly McElroy, who was later convicted of second-degree vehicular manslaughter and driving while intoxicated.

Because of their disagreements over Glenn McElroy's medical decisions and later funeral arrangements, Glenn McElroy's parents and his wife both hired lawyers to reach an agreement that finally let his parents remove him from life support, donate his organs and bury him.